The 2024 GOP hopeful said it's 'very unlikely' he'd pardon himself if elected. It's been considered before but never tested.
“Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself,” the 1974 writing said.
There’s a certain logic to that idea. But it doesn’t have the precedential force that an actual ruling from, say, the Supreme Court would. Whatever the answer, it’s unsettled, because it hasn't needed settling.doesn’t explicitly prohibit or permit self-pardons. It gives presidents the power “to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”
That last part shows a president pardoning themselves could lead to an impeachment that the president couldn’t then pardon themselves out of. And the “against the United States” part means presidents can only pardon federal, not state, crimes. So if nothing else, the issue arising again spotlights that difference, as Trump fights charges in two federal and two state cases.
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